Terms and Conditions
LEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
THIS SITE IS ALSO SUBJECT TO ITS PRIVACY POLICY.
1. INTRODUCTION.
Welcome to the web site for journeysimages.com ("Site"), which is owned by Journey’s.
2. ACCESS TO THE SITE.
By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use ("Terms") and to comply with all applicable U.S. laws and regulations. If you do not or cannot agree to the Terms, please do not use the Site or any of the services offered through the Site. This Site reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these Terms, and to impose new or additional terms and conditions on your use of the Site form time to time. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions will be effective immediately and incorporated into these Terms upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
3. USERS
No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
4. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees associated with such access. You are entirely responsible and liable for all activities conducted by you.
(a) Individual Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not on behalf of any other person or entities, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own internal use unless otherwise specifically authorized by the Site in writing. This Site will post legal notices and various credits on pages of the Site, which may not be removed even in your permitted copies. Please do not remove these notices or credits, or any additional information contained along with the notices and credits.
(b) Deep Links; Linking. You agree not to "deep-link" to the Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Site for any purpose, unless specifically authorized by the Site in writing to do so. If you do want to link to the Site in any manner, please contact the Site's Webmaster at webmaster@spillehoney.com to seek approval.
(c) Framing. You agree not to create any frames at any other web sites pertaining to or using any of the content located at the Site for any purpose, unless specifically authorized by the site in writing to do so.
(d) Security, Cracking and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site. Violations of system or network security may result in civil or criminal liability. This Site reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
(e) Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or "spider" the site or any of the pages of the site infringes on the Site’s and/or its licensors' copyrights. Do not use any such tools or products on or in connection with the site!
(f) You Are Responsible For All of Your Activities and All of The Content You Post. You represent and warrant that any information you post or provide to the site by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Site including, without limitation, any content, product or configuration recommendations or product specifications, are not offered with any warranty or representation as to accuracy, performance or suitability for your intended purpose or compliance with applicable law. The Site expects that you will exercise caution, best product development practices, best manufacturing practices and engineering oversight in using information supplied through the Site. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.
(g) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to: (i) transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of these Terms, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
(h) Ownership. This Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips, video clips (the "Materials") is the property of Company and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by the Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from this site or any other web site owned or operated by the Company without the prior written permission of the Company. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Company or such third party that may own the trademark or copyright of information displayed on this Site.
5. COOKIES
"Cookies" are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a site. Company uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to save your password so you do not have to reenter it each time you visit the Site. To learn more about how we protect customer information, please review our Privacy Statement.
6. LINKS
The Company is not responsible for the content of any sites that may be linked to or from the site or any page associated from the site with the Company. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this Site is independent from Company, and Company has no control over the content of that other web site. In addition, a link to any other web site does not imply that Company endorses or accepts any responsibility for the content or use of such other web site.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Company of that third party or of any product or service provided by a third party.
7. NOTICE AND TAKE DOWN PROCEDURES
If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Company and provide the following information:
1. A clear statement identifying the works, or other materials believed to be infringed.
2. A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
3. Sufficient information about the location of the allegedly infringing materials so that Company can find and verify its existence.
4. Your name, address, telephone number and email address.
5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
8. WARRANTY DISCLAIMER.
The content, services, information and access to the site are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. This Site does not warrant that any part of the site will operate uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the site and access to the site will not be interrupted, discontinued or error-free. This Site does not warrant or make any representations regarding the use or the results of the use of the site in terms of its quality, correctness, accuracy, reliability, or otherwise. This Site expressly disclaims any warranty or representation with respect to any design, suitability, configuration, recommendation or customization of any rechargeable solution, development kit, pre-production prototype, batteries, chargers and/or power supplies you should therefore verify any information obtained from the site before acting on it.
The Site expressly disclaims any responsibility for the accuracy, content, availability of information, products, services or merchandise found on third party sites that link to or from the site. The Site disclaims any responsibility for product or service ordering functions, order fulfillment or compliance of products or services with any manufacturer's warranties or specifications. The Site cannot be held responsible for the material contained on third party sites and/or related services nor does the site make any representations or warranties as to the security of any information you might be requested to give to third party sites.
9. LIMITATION OF LIABILITY
To the furthest extent permitted by law, under no circumstances including, without limitation, the site's negligence, shall the site be liable for any damages including, without limitation, direct, special, indirect, punitive, consequential, exemplary and/or incidental damages that result from your use or inability to use the site, any content and/or any related software, even if the Site or an authorized Site representative has been advised of the possibility of such damages. Notwithstanding anything else contained in these terms, in the event the terms of this section, or any part of this section, shall be held invalid or unenforceable by a court of competent jurisdiction, in no event shall site’s total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, whether in contract, tort, negligence or otherwise exceed one hundred dollars ($100). Further, you shall indemnify, defend and hold harmless the Site and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of the site in violation of these terms or the infringement by you of any intellectual property rights of any person or entity.
This site contains facts, views, opinions, statements, and recommendations of third party individuals and organizations. None of them or the site (and its affiliated entities, together "the company") represents or endorses the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the site. You acknowledge that any reliance on any such opinion, advice, statement, or information will be at your sole risk. The materials on this site are transmitted and distributed "as is" and appear on the site without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. There is no warranty as to the quality, accuracy, completeness, and validity of any materials on the web site, and no warranty that the functions contained on the web site will be uninterrupted or error free, or that defects will be corrected.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site
10. TERMINATION
The Company may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by Company, your sole remedy is to terminate this Agreement and cease use of this site.
11. GOVERNING LAW AND ARBITRATION.
The laws of the State of Kentucky (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Kentucky under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, the site including, without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts nearest the Site’s principal place of business.
12. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by the Site to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by the Site. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
13. COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. This includes but not limited to email communications (company or private email addresses), post to message boards, guest books, forums, blogs, or any of forms of communications to the site. Should you have any questions or complaints regarding violations of this Agreement, please contact us.